DOMESTIC VIOLENCE : PREVENTION & PROTECTION (PART 4)

Government of the Peoples Republic of Bangladesh, Ministry of Women and Children Affairs

Notification

SRO No. .- The power vested upon the government according to the section 37 of the Domestic Violence (Prevention and Protection) Act, 2010 (Act 58 of 2010), the government hereby published the following act:-

English Version of the Domestic Violence (Prevention and Protection) Act, 2010 [Act 58 of 2010]

Chapter-Five
Disposal of Application, Trial, Appeal, etc.

20. Disposal of cases.-

(1) The Court shall, dispose of every application made under this Act within a period of 60 (sixty) working days from the date of issuance of notice.

(2) Where the concerned Court fails to dispose of the application within the stipulated time under sub-section (1) on unavoidable reasons, reasons to be recorded in writing it shall disposed of the case within another 15(fifteen) working days and shall inform the matter in writing to the appellate court.

(3) Where the concerned Court again fails to dispose of the case within the extended time under sub-section (2), reasons to be recorded in writing it shall disposed of the case within another 7(seven) working days and shall inform the matter of such time extension in writing to the appellate court.

(4) Where the concerned Court again fails to dispose of the case within the extended time under sub-section (3), it shall dispose of the case as soon as possible and shall send a written report in every 7(seven) days to the appellate court, but the appellate court either by the application of any party or its own motion may transfer the case to any other appropriate court.

(5)When any case is transferred under sub-section (4), it shall be disposed of on priority basis and action shall be taken from the stage where it was pending, as if it was pending in this court on that stage and it was never transferred.

21. Trial.-

(1) Notwithstanding anything contained in the Code of Criminal Procedure or in any other law for the time being in force, any application or trial of an offence or any proceeding under this Act shall be tried of by a First Class Magistrate or where applicable, by a Metropolitan Magistrate.

(2) In granting the compensation order the Judicial Magistrate or Metropolitan Magistrate shall have no pecuniary jurisdiction.

22. Procedure of trial. –

(1) Save as otherwise provided in this Act, for disposal of any application or trial of an offence or any proceeding under this Act the provisions of the Code of Criminal Procedure shall be applicable.

(2) For disposal of any application or trial of an offence or any proceeding under this Act the provisions of summary trial laid down in chapter XXII of the Code of Criminal Procedure shall be applicable.

23. Proceedings to be held in camera.- The Court, either on the consent of the concern parties or its own motion deem necessary, it may conduct the proceedings under this Act in camera.

24. Local inquiry.– In the process of disposal of any application or proceeding the court may direct, after due notice to the parties, to make local inquiry to ascertain the truth of the incidence and such inquiry shall be completed within the stipulated time given by the court.

25. Service of order.-

(1) Any order issued by the court under this Act shall be served to the parties according to the procedure laid down in the Code of Criminal Procedure.

(2) Any order issued by the court under this Act shall be served by the process server of the court or by the police officer or by the Enforcement Officer: Provided that the warrant of arrest shall be served by the police officer.

(3) The process server or the police officer or the Enforcement Officer shall serve the copy of the order within 3(three) working days and submit the service return to the court along with a certificate that such order was duly served.

(4) If necessary, in addition to the above methods order or notice may be served by registered post or by courier service or by any other ways prescribed by the rules, and for these additional ways the cost of service shall be borne by the applicant.

26. Trial in absentia of the respondent.–

(1) Where the notice for appearance of the respondent was served properly and the respondent does not appear before the court or after appearing once remains absent at the subsequent date, the court recording its decision so to do, try the case in absence of the respondent and disposed of the case ex parte.

(2) Where the notice for appearance of the respondent was served properly and the respondent does not appear before the court or after appearing once remains absent at the subsequent date, the court may, issue warrant of arrest against the respondent.

27. Rejection of complaint.- When any complaint is being rejected by a court due to the absence of the complainant, the court by whom the complaint was rejected, on the basis of application made by the complainant and also on satisfactory ground, may revive the case from the stage where it was rejected: Provided that the application must be submitted within 30 (thirty) working days of rejection and such application must not be submitted more than once.

28. Appeal.-

(1) Notwithstanding anything contained in the Code of Criminal Procedure or any other law for the time being in force, for the purpose of this Act the Chief Judicial Magistrate or where applicable, the Chief Metropolitan Magistrate court shall be deemed the appellate court.

(2) The appeal against any order under this Act shall be filed by any aggrieved party within 30 (thirty) working days from the date of passing of the order to the Chief Judicial Magistrate or where applicable, to the Chief Metropolitan Magistrate court.

(3) The appeal shall be disposed of within 60 (sixty) working days from its filing and it must not be transferred more than once without any valid reason.

Chapter-Six
Offence, Punishment, etc.

29. Cognizance, bailablity and compoundablity.- The offence committed under this Act shall be cognizable, bailable and compoundable.

30. Penalty for breach of protection order.- A breach of protection order by the respondent shall be an offence under this Act and shall be punishable with imprisonment which may extend to 6(six) months, or with fine which may extend to 10(ten) thousand Taka, or with both and repetition of any offence shall be punishable with imprisonment which may extend to 2(two) years, or with fine which may extend to 1(one) lakh Taka, or with both.

31. Community welfare service.-

(1) The Court, if it deems fit, instead of passing an order of sentence against the respondent under section 30, may pass an order to perform  various community welfare services by the respondent and responsibility may be vested upon any institution or organization to supervise such services.

(2) From the income gained by the respondent due to the community welfare services under sub-section (1), the Court may pass an order to pay such portion of the income to the victim and where applicable, to her child/children or any dependants as it deems appropriate.

(3) For the purpose of the sub-section (1) and (2) rules may be framed.

32. Punishment for false complaint.- If any person with the motive of causing loss to any other person knowing that there is no cause of complaint under this Act, nevertheless makes a complaint, shall be punishable with imprisonment which may extend to 1(one) year, or with fine which may extend to 50(fifty) thousand Taka, or with both.

Chapter-Seven
Miscellaneous

33. Public Servants.- The Enforcement Officers, while acting or purporting to act in pursuance of any of the provisions of this Act shall be deemed to the public servants within the meaning of section 21 of the Penal Code,1860.

34. Accountability of Enforcement Officer.- If any Enforcement Officer fails or refuses to discharge his or her duties as directed by the Court without any sufficient reason, he or she shall be liable for departmental proceeding.

35. Act not in derogation of any other law.- The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force.

36. Power to make rules. – The Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act.

37. Authentic English text.- The Government may, by notification in the Official Gazette, published an authentic text of the original Bengali Act in English: Provided that in the event of conflict between the Bengali and the English text, the Bengali
text shall prevail.

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